The Hillandale Homeowners Association took the Mangaung Municipality to court seeking, firstly, an order declaring it entitled to perform its own refuse removal services within the Woodlands Hills Township and thus divesting the municipality of the said obligation. It also was wanting an order that the municipality cease to levy fees related to refuse removal services in respect of all immovable properties situated within the Woodland Hills Township.
The judgement handed down was as follows:
- It is declared that the Hillandale Homeowners Association shall be responsible for the removal of household refuse from Woodland Hills Township, being Bloemfontein Extension 166, situated on Portion 1 of the Farm Hillandale, Administrative District Bloemfontein, and Bloemfontein Extension 275, situated on the remainder of the Farm Hillandale 2960, Administrative District of Bloemfontein (Collectively referred to as ‘Woodland Hills Township’), to a designated landfill site in Bloemfontein;
- The Municipality shall forthwith cease to charge fees related to refuse removal services in respect of all immovable properties situated within the Woodlands Hills Township;
- The Municipality shall be liable for the costs of this application, which costs shall include the costs occasioned by the employment of two counsels.
Our own Ben Espach reaction to the judgement was “Having read it, I do not believe that this judgment opens the door for ratepayers to take over services. In this case, the conditions when the township was established provided for the owners to render the service.”
The full order of the court can be read below.